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Appealing a Release

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morphes

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Hello,


How does one go about appealing a release decision? Does anyone know anything about the protocol/stages involved and the process itself? Thank you for your help.


Best,


Morphes
 
When you are presented with your disclosure package explaining the intended release action, you should also be advised that you can request an Assisting Officer to help you prepare your representation that will go back to the Directorate Military Careers Administration.

Your opportunity to submit a written representation if your chance to "appeal."

 
What triggered the release? An AR/MEL? An Admin Review?  Both of those have built in mechanisms for the soldier in question to make a representation before a release decision is rendered.

Failing that- a Grievance is always your right- it just won't stop the release from occurring.  If the Greivance authority upholds your grievance, they may offer to re-enrol you.

I see that Michael has beaten me to the punch....
 
The trigger was a mixture of medical and |"performance issues"(which I dont agree with).  What is a "disclosure package" is that your file basically that you sign off on....Does that mean youre signing off on your release? Because I think Ive been misled onto swiping off on things I dont agree with with the phrase "it just means you read it". I was told I have 24 hours to appeal any decision and then I could put in a grievance, request JAG and veterans affairs.


Any release experts here at all can PM me if possible...Thank you.
 
Are you being released on a 5D or 5F (these are more performance and conduct)? Or is it a 3B (medical)? There should be a specific release item that you are are released under (It should be a number and a letter).

At least its not a 2A. I hope its not because you would be typing this from behind prison bars most likely.
 
No its a 5d release(end of service-honourable) which as I read it is very vague and could also include medical issues-that may or may not have influenced my socalled performance. I believe there's a contradiction with a medical category I was just recently put on also that may have influenced the release process.

How hard is it to reenrol on a 5d release?

Also, I believe your medical status may or may not be part of a performance review if its not considered a PCAT as my medical status was discussed alot(although I believe inappropriately?) during my performance review. Well I claim my medical condition influenced my performance(accumulation of minor faults) which was taken with some skepticism; but why was it discussed so much during my performance review as I was told the two processes were not interrelated.  Well they are not doctors. I feel like I am in an administrative black hole.

Anyone a JAG lawyer around here?
 
morphes said:
No its a 5d release(end of service-honourable) which as I read it is very vague and could also include medical issues-that may or may not have influenced my socalled performance. I believe there's a contradiction with a medical category I was just recently put on also that may have influenced the release process.

How hard is it to reenrol on a 5d release?

Also, I believe your medical status may or may not be part of a performance review if its not considered a PCAT as my medical status was discussed alot(although I believe inappropriately?) during my performance review. Well I claim my medical condition influenced my performance(accumulation of minor faults) which was taken with some skepticism; but why was it discussed so much during my performance review as I was told the two processes were not interrelated.  Well they are not doctors. I feel like I am in an administrative black hole.

Anyone a JAG lawyer around here?


Don't waste the time of the JAG.

Talk to your local IPSC.

dileas

tess
 
morphes said:
No its a 5d release(end of service-honourable)

That's not what a 5(d) release is. 5(d) is:

Applies to the release of an officer or non-commissioned member:
because of an inherent lack of ability or aptitude to meet military classification or trade standards; or
who is unable to adapt to military life; or
who, either wholly or chiefly because of the conditions of military life or other factors beyond his control, develops personal weaknesses or has domestic or other personal problems that seriously impair his usefulness to or impose an excessive administrative burden on the Canadian Forces.

5(d) is not a good item to release under.
 
The third subsection under 5d is quite vague and convaluted.  It could mean anything.  I was told most people who dont complete their terms of service get 5d.


Well, I believe they are medically liable for me as they enrolled me with a condition they were fully aware of.  What is IPSC? Is 5d not an honourable discharge the Warrant Officer told me that it was...I think theyre trying to release me so they wont have to deal with the repurcussions of my medical status and they had a window of oppurtunity to do that.
 
morphes said:
Well, I believe they are medically liable for me as they enrolled me with a condition they were fully aware of.  What is IPSC? Is 5d not an honourable discharge the Warrant Officer told me that it was...I think theyre trying to release me so they wont have to deal with the repurcussions of my medical status and they had a window of oppurtunity to do that.

IPSC = Integrated Personell Support Centre....Part of the JPSU (Joint Personell Support Unit) that you should be posted to, if you were placed on SPHL.

Most major training bases have one;

http://www.veterans.gc.ca/eng/sub.cfm?source=information-canadian-forces/where-to-get-help/ipsc

dileas

tess
 
morphes said:
which I dont agree with

While you certain can agree or disagree all you wish, your agreement is not required for the assesment of your performance ( or lack of) to be valid.
 
Well they have no right to assess my performance with incomplete information as they are not doctors. And they actually used my medical status against me and made light of it in an inappropriate manner I believe. But my medical category was still "in process" at the time.
 
morphes said:
I believe

I'm sorry but i have had many students and have been in this buisness for too long to make any sort of pronouncements based solely on what one recruit says.

If your performance is sub-par due to a pre-existing medical condition then i would expect that you will be released eventualy, regardless.

Good luck delaying the inevitable.
 
morphes said:
Can they assist me in challenging my release?


Talk to them, if the IPSC is what you are referring to.


Otherwise, you can go the Charlie Sheen route, and use your Rockstar Vatican Assassin Beliefs to help you stay in....

Ustream is free.

dileas

tess
 
You have the right to Grieve.  If you look up Redress of Grievance you will find that we have lots of information on that here that you can read; or you can have your CoC give you the appropriate info so that you can write a memo to initiate the process. 
 
morphes said:
Well they have no right to assess my performance with incomplete information as they are not doctors. And they actually used my medical status against me and made light of it in an inappropriate manner I believe. But my medical category was still "in process" at the time.

They have every right to assess your performance.  Medical conditions are just one aspect to consider when assessing someones performance.  No matter what the individuals medical conditions it still behooves them to act and serve in an appropriate manner.  Crap happens and it doesn't always work out that way but believe or not leaders understand that and do make allowances for it.  We do not know the full story and we really don't need it as it is none of our business.  You should heed the advice you are give here, appeal through your CoC and talk to the IPSC.
 
morphes said:
Well they have no right to assess my performance with incomplete information as they are not doctors. And they actually used my medical status against me and made light of it in an inappropriate manner I believe. But my medical category was still "in process" at the time.

:2c: All the above are great questions for the Release Section and current COC in fairness to them.  They have access to your file/situation etc.  Great people and advice here, not a place (open forum www) for transference of anxiety/personal conjecture concerning the situation.  All the best.
 
morphes, since none of us have your file in front of us all we can do is speculate and give advice based on what little we know.  Inform your chain of command that you wish to Redress the decision and ask for an Assisting Officer to help you.  A Grievance must be submitted before your release is finalized.
 
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